Archive

Minnesota Hemp-Derived Cannabinoid Product Registration Now Open Through August 31, 2025

By Meg Nash
Jun 16, 2025

The Minnesota Office of Cannabis Management (OCM) has opened a new registration window for businesses selling hemp-derived cannabinoid products (HDCPs), including THC beverages. Businesses must register by August 31, 2025, to remain eligible for fall licensing and summer sales. Starting October 1, OCM will accept applications for Lower Potency Hemp Edible (LPHE) licenses for retailers, manufacturers, and the newly established wholesaler category. This blog outlines the state’s updated rules on potency, packaging, facility standards, onsite consumption, events, and delivery services.

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Minnesota Draft Cannabis Rules Provide Clarity on Licensed Cannabis Business Operations

By Jason Tarasek, Colleen Mitchell
Jan 23, 2025

The Minnesota Office of Cannabis Management (OCM) recently proposed draft rules to clarify key operational requirements for cannabis businesses, including co-location policies, THC concentrate limits, cultivation canopy measurements, production capacities, and delivery regulations. Make your voices heard! The public comment submission period is open until Wednesday, February 12.

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Hemp-Derived Cannabinoid Markets: Using Tax Data to Assess Growth in Louisiana, Minnesota and Tennessee

By Andrew Livingston
Jan 22, 2025

Now that many states have regulated cannabinoid hemp alongside medical and adult-use marijuana, hemp cannabinoid market growth trends can be analyzed using comprehensive data, including monthly tax data from product sales. In this article, we analyze market trends in Minnesota, Louisiana and Tennessee using hemp-derived cannabinoid product sales tax data reported by the states.

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Minnesota Cannabis Licensing Opportunities in 2025

By Jason Tarasek
Dec 20, 2024

The Minnesota Office of Cannabis Management (OCM) has announced a new timeline for cannabis licensing in 2025. Applications for all license types will be accepted between February and March next year. This article breaks down Minnesota’s cannabis business licensing process, social equity licensing opportunities, and upcoming deadlines that applicants should look out for.

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Cannabis Presents Economic Opportunity for Tribal Nations

By Jason Tarasek
Dec 3, 2024

Cannabis is opening new doors of economic opportunity for Tribal nations across the country, from the Eastern Band of Cherokee in North Carolina to the White Earth Band of Ojibwe in Minnesota. In states where cannabis sales are not legal or where adult-use dispensaries have not yet opened, Tribal cannabis businesses may have a first-to-market advantage.

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Top 5 Considerations for Maryland Cannabis Licensees

By Meg Nash, Casey Leaver, Bridgette Nikisher
Nov 7, 2024

Congratulations to those who won a cannabis social equity license in the Maryland lottery! Vicente’s Maryland team created a quick list of items to keep top of mind as you work towards your final license, including reviewing the new draft regulations, submitting supplemental applications, and property considerations.

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[Webinar] Cannabis Rescheduling: Timeline, Tax Strategies & 280E

Oct 17, 2024

Watch this Vicente session to learn about how rescheduling may impact 280E and tax planning! Vicente attorneys, along with special guest tax attorneys from HBK CPAs and Jones & Keller, provide an update on the rescheduling process, including the timeline to a final rule and potential obstacles, along with a deep dive into 280E and tax strategies.

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DEA Conducts Joint Raid in Texas on Vape Shops Selling High-THC Products

By Daniel Molina, Jason Adelstone
Sep 12, 2024

In August 2024, nine Texas vape shops were shut down after allegedly selling products over the legal THC limit set by state and federal law. Various interpretations of the 2018 Farm Bill and whether cannabinoids such as Delta-8 and THCA qualify as hemp have left a gray area in the legality of hemp-based products. This Insights post explores the THC thresholds of the products seized during the Texas raid and the DEA’s unclear position on synthetic THC and the definition of hemp.

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Cannabis Rescheduling Hearing Set: What Happens Now?

By Jason Adelstone
Sep 9, 2024

The DEA Hearing on Proposed Rulemaking for cannabis rescheduling will take place on December 2, 2024. What happens next? Read this insights article to learn about the importance of "interested persons" and the administrative law judge appointed to oversee the hearing, the anticipated timeline, the potential impact of the presidential election, and more.

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The Current State of Cannabis Reform and Marijuana Policy in European Union Nations

By Jason Adelstone
Jul 24, 2024

Despite growing public support, EU nations face significant legal hurdles in establishing commercial marijuana markets due to international drug treaties and EU regulations. This Insights post highlights the various approaches toward cannabis reform taken by countries like Germany, Malta, the Netherlands, Switzerland, and the Czech Republic, and how this could potentially impact future cannabis policies in Europe.

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Connect with Vicente LLP at the Hemp Beverage Conference and Festival in Minneapolis!

Jun 3, 2024

Join Vicente LLP in Minneapolis, Minnesota on June 7-8 for the inaugural Hemp Beverage Conference and Festival, hosted by the Hemp Beverage Alliance! Partner Michelle Bodian will participate in a panel offering state updates on hemp regulations, the farm bill and more at the conference. The festival will be held the following day, and Vicente attorneys Jason Tarasek and Michelle Bodian will attend. Schedule a meeting with us!

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Cannabis Rescheduling: The DEA's Proposed Rule and the Supporting OLC Opinion

By Jason Adelstone
May 21, 2024

The DEA published its proposed rule to move marijuana from schedule I to schedule III on May 21, and the 60-day public comment period has officially opened. The DEA also published an opinion from the Office of Legal counsel that provides a thorough analysis supporting why placing marijuana in schedule III is appropriate and legally justified. Read this insight for a high-level overview of the proposed rule and the OLC Opinion.

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Marijuana Rescheduling Part II: Why Opponents Continue to Have No Idea What They Are Talking About

By Jason Adelstone
May 20, 2024

In a recent House Committee meeting with DEA Administrator Anne Milgram, Rep. Andrew S. Clyde voiced his opposition to removing marijuana from Schedule I based on public safety reasons, but then contradicted himself by stating marijuana is “not as dangerous as some of the others we have talked about” (the meeting focused primarily on fentanyl’s harms to communities). This blog post addresses the false narratives and misconceptions that opponents of cannabis reform continue to promote.

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Vicente LLP Heads to Minneapolis for CANNRA 2024 External Stakeholder Meeting

May 16, 2024

Will you be in Minneapolis for the CANNRA 2024 External Stakeholder Meeting? Several members of the Vicente LLP team will be in attendance! Senior associate Jason Adelstone will discuss international considerations during the closing plenary on June 5, and partners Adam Fine and Michelle Bodian, director of regulatory policy Jen Flanagan, and counsel Jason Tarasek will also be in attendance!

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Marijuana Rescheduling: Why Opponents Have No Idea What They Are Talking About

By Jason Adelstone
Apr 29, 2024

After listening to the House Oversight and Accountability Committee Hearing with the Commissioner of the FDA on April 11, one conclusion was reinforced—opponents of marijuana reform are misinformed and rely on misstating facts to support their position. Those against moving marijuana into schedule III are making their voices heard, but almost universally, those voices simply do not understand what schedule III would mean.

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International Narcotics Control Board’s Use of “May” in 2023 Report Hints at Evolving Global Cannabis Stance

By Jason Adelstone
Mar 21, 2024

The International Narcotics Control Board (INCB) may be taking a more measured approach to cannabis. In their 2023 report, INCB used the word "may" when discussing potential inconsistencies between US state legalization and international treaties. This subtle shift in language suggests a more open-minded approach. This blog post explores the significance of this change in the report’s language and what it might mean for the future of global cannabis legalization.

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Minnesota’s Proposed Cannabis Legislation Would Provide Early-Mover Licensing Opportunities for Social Equity Business Applicants

By Jason Tarasek, Yolanda Clarke
Mar 12, 2024

Minnesota lawmakers are proposing a bill to reshape the state's adult-use cannabis market, prioritizing social equity business applicants. The bill would grant social equity applicants a head start through temporary licenses allowing them to prepare for full licensure. This Insights post highlights social equity applicant criteria, limits on the total number of cannabis business licenses, and additional details to this recently introduced bill.

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International Cannabis Update: Germany Joins Malta and Luxembourg in Liberalizing Marijuana Policy

By Jason Adelstone
Feb 27, 2024

Germany's recent enactment of a marijuana decriminalization bill marks a significant development in European drug policy. While falling short of full legalization, the new law allows for decriminalized possession, home cultivation, and participation in cannabis clubs. This blog post provides a concise overview of the new legislation, its potential impact, and its wider implications for the evolving European cannabis landscape.

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Minnesota Cannabis Regulators Announce Plans to Launch Adult-Use Dispensaries by Summer 2024

By Jason Tarasek
Feb 2, 2024

Minnesota dispensaries could be a reality by summer! The OCM unveiled an ambitious plan to speed up the launch, proposing temporary regulations and licensing reforms. Focusing on social equity, product availability, and education, they are streamlining the process by removing initial premise requirements, local government involvement, and even suggesting a new social equity classification. Read this Insights post for the latest update on Minnesota’s cannabis business regulations.

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The DEA’s Scheduling of Marijuana: What Happens After the DEA Publishes Its Rule?

By Jason Adelstone
Jan 30, 2024

On August 29, 2023, the Department of Health and Human Services (“HHS”) sent the Drug Enforcement Administration (“DEA”) its recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Since then, the marijuana industry has waited in suspense for the DEA to make the final call as to what schedule marijuana will be placed. Read this Insights post that outlines the complex process of marijuana rescheduling in the US and outlines the key steps involved, from rule publication to review and final rule, emphasizing the critical role of stakeholder engagement in securing a Schedule III classification.

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A Potential Breakthrough for Psychedelic Treatments: Ninth Circuit Court Ruling on Psilocybin Rescheduling

By Jason Adelstone
Dec 7, 2023

On October 27, 2023, the Ninth Circuit Court of Appeals, in Aggarwal v. DEA, held that the U.S. Drug Enforcement Agency (DEA) must reconsider its denial of a petition to transfer psilocybin, the active ingredient in “magic mushrooms” from Schedule I to Schedule II. Read this Insights post for more information about the Ninth Circuit Court’s order to reschedule psilocybin.

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Top Five Countries to Watch for International Cannabis Reform in 2024

By Jason Adelstone
Nov 6, 2023

While the cannabis industry in the United States awaits a marijuana scheduling decision from the DEA, many countries around the world continue to move forward with liberalizing their cannabis policies as a superior method of promoting the health and welfare of their citizens. In this blog post, we’ll take a closer look at five countries poised to make waves in the cannabis landscape in 2024, including Germany, Thailand, Colombia, the Czech Republic, and Switzerland.

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[Vicente LLP Event] Minnesota Hemp & Cannabis Seminar

Sep 18, 2023

Join the Vicente LLP team in Minneapolis for another can’t-miss hemp and cannabis legal and business seminar on October 19, 2023. The event will feature Vicente LLP hemp and cannabis business attorneys Michelle Bodian, Travis Copenhaver, Jeremy Shaw and Jason Tarasek, along with special guests Sen. Lindsey Port and cannabis accountant Angela L’Esperance of Ms. Jane Accounting.

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Minnesota Cannabis Market Projections

By Travis Copenhaver
Jun 22, 2023

While the state of Minnesota's study on the expected size and growth of the state's cannabis industry will not be complete until January 15, 2025, Vicente LLP's Economics & Research Department recently made some general predictions about the market. Read this Insights article to dive into the numbers.

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Upcoming Cannabis Business Licensing Opportunities Across the U.S.

By Jerrico Perez
May 22, 2023

Opportunities for growth across the nation are currently abundant for cannabis businesses, and our experienced team is here to help you navigate these increasingly complex and competitive licensing processes. With more winning merit-based applications than any other law firm in the country, our team’s work ethic, dedication, and experience will help elevate your application above the competition and set your business up for long-term success.

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Minnesota Cannabis Legalization Bill Amended to Lessen Potential Impact on Breweries Manufacturing THC Beverages

By Krissy Atterholt, Jason Tarasek
Mar 22, 2023

Microbreweries and cideries have become Minnesota THC beverage market leaders in the wake of 2022's hemp-derived THC product bill. The current cannabis legalization bill would have made things difficult for these producers, but it was recently amended so that lower-potency hemp edibles manufacturers could produce lower-potency hemp edibles at the same facility where food (such as beer or cider) is manufactured.

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The Duality of Cannabis Regulation According to the International Narcotics Control Board: A Response to the Report of the INCB for 2022

By Jason Adelstone
Mar 15, 2023

In its 2022 report, the International Narcotics Control Board (INCB) argues that legalizing the non-medical and non-scientific use of cannabis has failed to achieve the benefits to society that were intended through such legalization. In its attempt to deliver evidence of this failure, INCB instead provides ample evidence to the contrary—that legalization and regulation work. Read this insight for Vicente LLP’s response to the annual report of the INCB.

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[Webinar] Cannabis Real Estate Considerations

Oct 12, 2021

Watch this recorded session where members of VS’s real estate practice discuss cannabis real estate issues, including lease considerations, financing, and local jurisdiction laws that may affect your business. 

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Charles Alovisetti to Present Cannabis Real Estate Financing CLE

Jul 1, 2021

The CLE, titled "Financing Cannabis-Related Real Estate: Structuring Options, Enforcement Issues, Regulatory Hurdles" will analyze legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate.

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What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

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Commercial Leases Involving Cannabis Businesses

By Ben Leonard and Brett Williams
Mar 9, 2021

This article published by the Colorado Bar Association addresses issues unique to cannabis-related business lease transactions and offers suggestions for structuring such leases to maintain regulatory compliance.

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